HomeMy WebLinkAboutR-2003-171 Off-site improvements in connection with the Dania Distribution centre plate • RESOLUTION NO. 2003- 171
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE BROWARD COUNTY BOARD OF
COUNTY COMMISSIONERS, DANIA DISTRIBUTION CENTRE, LTD.
AND THE CITY OF DANIA BEACH RELATING TO REQUIRED OFF-
SITE IMPROVEMENTS IN CONNECTION WITH THE "DANIA
DISTRIBUTION CENTRE PLAT"; SUBJECT TO CERTAIN TERMS AND
CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Dania Distribution Centre, LTD., is the developer of a project known
as "Dania Distribution Centre Plat", (Development Management Division File No. 041-
MP-02), hereinafter referred to as the "Project"; and
WHEREAS, the Project was approved by the Board of County Commissioners
of Broward County on June 17, 2003, subject to certain conditions to ensure the
protection of the public health and safety, and one of the conditions imposed at the time
of approval was the construction of certain road improvements; and
WHEREAS, it is the desire of the City Commission to formally approve and enter
into an Agreement on behalf of the City of Dania Beach with the Broward County Board
of County Commissioners, and Dania Distribution Centre, LTD., to provide for the
construction, funding and security for the required improvements as described in the
agreement which is attached hereto and made a part hereof; subject to certain terms
and conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach, Florida,
approves the Agreement among the Broward County Board of County Commissioners,
Dania Distribution Centre, LTD., and the City of Dania Beach, a copy of which
Agreement is attached as Exhibit "A" to this Resolution.
Section 2. That the proper City Officials are authorized to execute the
Agreement and the City Manager and City Attorney are authorized to make minor
Installation of Improvements Agreement RESOLUTION NO. 2003-171
revisions to such Agreement as are deemed necessary and proper and in the best
interest of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on July 8, 2003
BO ANTON
MAYOR — COMMISSIONER
AT EST- ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
CflARLENE JOH S N COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - NO
MAYOR ANTON - YES
APPROVED AS TO F(O�RM AND CORRECTNESS:
BY: �! I \
T OMA8 J. ANS O
CITY ATTORNEY
Installation of Improvements Agreement 2 RESOLUTION NO. 2003-171
AGENDA REQUEST FORM
CITY OF DANIA BEACH e7
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 7/08/03
2. DESCRIPTION OF AGENDA ITEM: APPROVAL AGREEMENT REQUEST
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Resolution authorizing the City Commissioners to execute an agreement between the Broward
County Board of County Commissioners, Dania Distribution Centre Ltd., and the City of Dania Beach.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
•
Submitted by:
Laurence G. Leeds, AICP, Director Date July 1, 2003
Community Development Department
City Manager Date
•
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
Community Development Department G, (�
DATE: July 8, 2003 City Commission Meeting
RE: Resolution authorizing the City Commission to
Execute an Interlocal Agreement between the City,
Broward County, and Dania Distribution Centre, LTD.,
Regarding Completion of Off-Site Traffic
Improvements
Broward County now requires that cities be signatories to developer agreements
relating to the construction of off-site improvements required by Broward
County.
Pursuant to agreement, the City of Dania Beach cannot issue certificates of
occupancy for principal buildings until the above improvements have been
completed. The agreement also requires the developer to obtain approval of the
proposed improvements from the Broward County Engineering Division prior to
the city issuing a building permit for a principal building.
RECOMMENDATION
Approval, subject to final review and approval of the agreement by the City
Attorney.
Cc: Mike Sheridan, Public Works/Utilities Director
Tom Ansbro, City Attorney
•
June 17, 2003
D
Mr. Laurence Leeds, AICP JUN �r)
Director of Growth Management Department 8.
100 West Dania Beach Blvd. -
Dania Beach, Fl. 33004
RE: DANIA DISTRIBUTION CENTRE PLAT
CTA Project No. 02-0039.001(L65)
CRt�.�lEN IROMPSON Dear Larry:
The Broward County Commission approved the plat today. Per our recent
discussion, attached is the Broward County - INSTALLATION OF
REQUIRED IMPROVEMENTS AGREEMENT. Since 2002, Broward
County has required the Cities to sign this agreement.
}a
4=
�SSOCI6�TES INC Kindly coordinate with the City Attorney's office to have this agreement placed
on the next available City Commission agenda for review/approval. Please
gineers contact me when it is scheduled for the City Commission review.
10anners
Surveyors If you have any questions, please call me at(954) 739-2002, ext. 202.
Sincerely,,
C EN THO P SSOCIATES, INC.
EDWARD P. PLOSKI, AICP
Senior Planner
..0
EPP/jp
Enclosure
cc: Xavier Hawley - Dania Distribution Centre, LTD.
Lauris Boulanger, President- Lauris Boulanger, Inc.
Mark Rousso, Esq. -Roth, Rousso & Darrach, P.A.
3563 N.W.53rd Street Robin I. Willner, Esq. -Roth, Rousso & Darrach, P.A.
Lauderdale, FL 33309-6311 Damon Romanello -Architecture, Inc.
)739-6400
ax(954)739-6409
West Palm Beach
1
��-1? �
CITY OF DANIA BEACH
I tz==�
� OJ
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: July 8, 2003
TO: Charlene Johnson, City Clerk
FROM: Corinne Church, AICP, Principal Planner
SUBJECT: Revised Installation of Required Improvements Agreement
(Interlocal Agreement).
The attached agreement is a revision related to item number 9.7 on the
tonight's City Commission agenda. Please add a copy on this agreement to
your records and provide a copy to the Mayor, Commissioners, City Attorney
and City Manager prior to the City Commission meeting.
Return recorded copy to:
Broward County Engineering Division
1 North University Drive, Suite 300E
Plantation, FL 33324-2038
Document prepared by:
Edward P. Ploski
Craven meson & Associates, Inc.
3563 Northwest 53 Street
Fort Lauderdale, FL 33309-6311
INSTALLATION OF REQUIRED IMPROVEMENTS AGREEMENT
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY, "
AND
Dania Distribution Centre, LTD, a Florida
Limited Partnership , its successors and
assigns, hereinafter referred to as "DEVELOPER,"
[AND IF THE PROPERTY IS LOCATED WITHIN A MUNICIPALITY]
The City of DANZA BEACH , a municipal corporation, created and
existing under the laws of the State of Florida, its successors and assigns, hereinafter
referred to as "CITY."
WHEREAS, DEVELOPER'S Project, known as Dania Distribution Centre Plat
Development Management Division File No. 041-MP-02 , hereinafter referred to as
the"Project,"a legal description of which is attached hereto as Exhibit"A"and made a part
hereof;" and
WHEREAS, the Project was approved by the Board of County Commissioners of
Broward County on June 17 20 0J subject to certain conditions to ensure
the protection of the public health and safety, and one of the conditions imposed at the
time of approval was the construction of certain road improvements; and
WHEREAS, the parties desire to enter into this agreement to provide for the
construction, funding and security for the required improvements as described in Exhibit
"B" attached hereto and made a part hereof; NOW THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, and payments
hereinafter set forth, th parties agree as follows:
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1. The above recitals and representations are true and correct and are incorporated
herein.
2. INSTALLATION OF REQUIRED IMPROVEMENTS.
(a) DEVELOPER agrees to and shall construct the improvements described in
the attached Exhibit"B,"hereinafter referred to as the"Improvements." Said
Improvements shall be constructed in accordance with the schedule set out
in Exhibit "B."
(b) The Improvements described in Exhibit"B" shall be installed in accordance
with applicable COUNTY, CITY, or State of Florida, Department of
Transportation standards and specifications and in accordance with the
Development Review Report for the Project. The construction plans for the
Improvements, including pavement marking and signing plans, shall be
submitted to COUNTY for review. The construction plans for the
Improvements must be approved 'by the COUNTY prior to the
commencement of construction. Construction shall be subject to inspection
and approval by COUNTY. Pavement marking and signing shall be provided
for all of the Improvements and shall be subject to review, field inspections
and final approval by the Broward County Traffic Engineering Division,which
• Improvements shall be consistent with the previously approved plans.
(c) If property is located within a municipality, CITY agrees not to issue building
permits for construction of a principal building within the Project until such
time as DEVELOPER provides CITY with written confirmation from COUNTY
that engineering plans for the required improvement have been approved by
the Broward County Engineering Division and that DEVELOPER has
complied with paragraph 4.of this Agreement. If the property is located
within the unincorporated area,the COUNTY shall not issue building permits
for construction of a principal building within the Project until such time as
the DEVELOPER has complied with paragraph 4. of this Agreement.
(d) If property is located within a municipality, CITY agrees not to issue any
certificates of occupancy within the Project prior to completion of the
"Improvements" according to the schedule set forth in Exhibit "B." If the
property is located within the unincorporated area, the COUNTY shall not
issue any certificates of occupancy within the Project prior to completion of
the "Improvements" according to the schedule set forth in Exhibit "B."
(e) DEVELOPER agrees to notify COUNTY of acceptance of Improvements by
permitting authority if such permitting authority is other than the COUNTY.
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01/01/02 2 awca-sir. amra:'.N
• 3. DEVELOPER understands and agrees that it is DEVELOPER'S responsibility to
complete the Improvements described in Exhibit"B"and that all costs relating to the
installation of the Improvements will be borne by the DEVELOPER.
4. SECURITY AND DEFAULT.
PLEASE CHECK THE APPROPRIATE SECTION BELOW
[ ] (a) Lien.
(1) lien is hereby imposed by the COUNTY against the real prope
I d tified in Exhibit "A" in the amount of
N Dollars ($ ).
Such n shall secure the construction of the "Improv ents"
identifie Exhibit "B" attached hereto. Such lien shall xist until
fully paid, charged, released, or barred by law. The n created
by this Agree ent shall be superior to and shall hay priority over
any mortgage the real property described in ibit "A." The
DEVELOPER sh cause this Agreement to be xecuted by the
holder of any such ortgage, which execution hall constitute the
mortgagee's consent such subordination.
• (2) Prior to the DEVELOPER taining a buil g permit for construction
of any portion of the Project ich, accor ng to the schedule set forth
in Exhibit "B," requires the in Ilatio of the "Improvements", or a
portion thereof, DEVELOPER provide a form of security
acceptable to the COUNTY in th rm of a letter of credit, surety
bond, or other acceptabl se rity in the amount of
Dollars
($ ), in su titutionofthl ien imposed hereby, and
the COUNTY shall cause be executed an recorded in the Official
Records of Broward Co ty a release or sat\rth
of the lien upon
the property describe in Exhibit "A."
(3) DEVELOPER ma elect to provide security i ividual phase
as listed in Ex it "B," in order to releasrtio of the lien
imposed on e Project for the individual . In at event,
DEVELOP shall submit a cost estimate p by a R istered
Engineer or the "Improvements" requiredh phase. pon
accept ce by the COUNTY of the cost esand payme byDEV OPER of any applicable fee, that po the Project sh Ibe leased from the lien imposed and themount of the lie
s II be reduced by the approved amount. . :
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01/01/02 3
• (4) the event DEVELOPER fails to construct the "Improvement
ac rding to the terms and conditions of this Agreement, COU Y
may cover such sums from DEVELOPER as are necessary in rder
to cau the construction of the"Improvements"that are outs riding.
Such su plus costs and attorney's fees, may be rec ered by
COUNTY ainst the DEVELOPER through a civil actin , or may be
recovered b ction as provided by the applicable s urity. In the
event that DEV OPER fails to construct an improve ent secured by
lien created her nder, such lien may be forecl ed or otherwise
enforced by the UNTY by action or suit i equity as for the
foreclosure of a mort ge on real property.
(6) DEVELOPER shall ensur that the substi a security remains valid
and in full force and e t until D ELOPER'S improvement
obligations are fully perform . Exp' tion of the security prior to
DEVELOPER'S performance of c bligation,or notice to COUNTY
that the security will expire or has en canceled or disaffirmed prior
to DEVELOPER'S satisfaction f 11 obligations hereunder, shall
constitute a default of this Agr ment.
(7) In the event the letter of c dit, surety bon or other form of security
provided to COUNTY, a escribed above, a ires, is canceled, or is
• disaffirmed, COUNTY hall send notice to D LOPER, according
to the notice provisi s of this Agreement, and EVELOPER shall
have one (1) mont from the date of such notice to ovide substitute
security in a for acceptable to COUNTY. If DEV OPER fails to
provide acce able substitute security, COUNTY y record a
document titled "Notice of Lien for Installation o Required
Improvem ts"which shall constitute alien on the property scribed
in Exhi "A" for the amount due hereunder, until ful paid,
disch ed, released or barred by law. To the extent that the iled
sec ity is attributable to an identified parcel or portion of the Proj t,
th Notice of Lien for Required Improvements may be recorde
ainst and apply only to such parcel or portion of the Project.
[>4 (b) Surety Bond or Letter of Credit.
(1) Prior to the DEVELOPER recording the plat or any agreements which
were conditions of approval for the Project, the DEVELOPER shall
provide the COUNTY with security such as a surety bond or
irrevocable letter of credit, which is acceptable to the COUNTY and
which guarantees the DEVELOPER'S performance of the
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• construction obligations set forth in this Agreement in the total amount
of$ 40,192.00
(2) If the DEVELOPER obtains certificates of occupancy prior to
completion of the applicable Improvements, contrary to the schedule
set forth in Exhibit "B," the DEVELOPER shall be in default of this
Agreement. In the event the DEVELOPER defaults under the terms
of this Agreement, COUNTY shall be entitled to draw against the
security for the amount set out in paragraph 4.(b)(1), plus costs as set
forth herein. If COUNTY draws against the security and the amount
recovered is less than the amount necessary to construct the
Improvements, COUNTY may maintain an action against
DEVELOPER in a court of competent jurisdiction for the difference
between any sums obtained and the amount due, plus costs and
interest accrued from the due date at the rate of 12 percent per
annum.
(4) DEVELOPER shall ensure that the security remains valid and in full
force and effect until DEVELOPER'S road improvement obligation is
fully performed. Expiration of the security prior to DEVELOPER'S
performance of such obligation, or notice to COUNTY that the
security will expire or has been canceled or disaffirmed prior to
• DEVELOPER'S satisfaction of all obligations hereunder, shall
constitute a default of this Agreement.
(5) In the event the security expires, is canceled or is disaffirmed,
COUNTY shall send notice to DEVELOPER according to the notice
provisions of this Agreement and DEVELOPER shall have one (1)
month from the date of such notice to provide substitute security in a
form acceptable to COUNTY. If DEVELOPER fails to provide
acceptable substitute security, COUNTY may record a document
entitled "Notice of Lien for Required Offsite Improvements" which
shall constitute a lien on the property described in Exhibit"A" for the
amount set forth in paragraph 4.(b)(1), or stated portion thereof. To
the extent that the failed security is attributable to an identified parcel
or portion of the Project, the Notice of Lien for Required Offsite
Improvements may be recorded against and apply only to such parcel
or portion of the Project.
[ ] (c) Cash Bond.
(1) The Improvements identified in Exhibit "B" shall be secured by cash,
or check(cashier's,certified,or registered),or money order issued by
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• 01/01/02 5
(financial
institution), in the amount of
Dollars ($ ), payable to the Broward County Board of
County Commissioners. The DEVELOPER may at its option, later
provide to the COUNTY a surety bond or letter of credit acceptable
to COUNTY, in like amount, that shall be substituted for the cash,
check, or money order. If the DEVELOPER provides a surety bond
or letter of credit the provisions of subsection 4(b) above shall apply.
(2) The estimated costs of the Improvements are
Dollars
(3) Upon completion of the Improvements, and acceptance by the
applicable unit of local government, the DEVELOPER shall notify the
Broward County Engineering Division of such completion and
acceptance. Upon a determination by the Engineering Division that
the Improvements have been installed, constructed, completed, and
accepted, and following the completion of DEVELOPER'S one (1)
year maintenance obligations if the Improvements are made to a
County road, the COUNTY shall have ninety (90) days to remit
Dollars
($ ) to the DEVELOPER, provided that the COUNTY
has not already effected a remittance to the DEVELOPER because
of the earlier substitution of a surety bond or letter of credit.
5. Upon the completion of one or more of the road Improvements specified in Exhibit
"B,"the DEVELOPER may request a partial release of security from the COUNTY.
The DEVELOPER shall submit a sealed certification by a Registered Engineer of
the work completed, and a cost estimate of the remaining roadway Improvements
to be completed based upon the current approved County unit prices. Upon
acceptance by the COUNTY of said certification and cost estimate, and payment
by the DEVELOPER of any applicable fee, the COUNTY shall release that portion
of the security, if any, which is in excess of the cost of the remaining road
Improvements. Final release of the full security is subject to the standard COUNTY
maintenance period of one (1) year from the date of completion of all of the
Improvements specified on Exhibit "B," for roadways subject to COUNTY permit
jurisdiction. Prior to release of any security held by the COUNTY for Improvements
which are under the permit jurisdiction of other governmental agencies, the
DEVELOPER shall submit documentation from the permit agency officially
accepting the Improvements and consenting to the release of security.
6. DEVELOPER agrees that the construction contract(s) for the Improvements shall:
CAF#450 A R COW e
01/01/02 6 ` ' "
(a) Indemnify, hold harmless and, at County Attorney's option, defend or pay for
an attorney selected by County Attorney to defend COUNTY, its officers
agents, servants, and employees against any and all claims, losses,
liabilities, and expenditures of any kind, including attorney fees, court costs,
and expenses, caused by negligent act or omission of contractor or
subcontractor, its employees, agents, servants, or officers, or accruing,
resulting from, or related to the subject matter of this Agreement including,
without limitation, any and all claims, demands, or causes of action of any
nature whatsoever resulting from injuries or damages sustained by any
person or property. The provisions of this section shall survive the
expiration or earlier termination of this Agreement. To the extent considered
necessary by Director of the Broward County Engineering Division and
County Attorney, any sums due DEVELOPER under this Agreement may be
retained by COUNTY until all of COUNTY's claims for indemnification
pursuant to this Agreement have been settled or otherwise resolved; and
any amount withheld shall not be subject to payment of interest by COUNTY.
(b) In order to insure the indemnification obligation contained above,
CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force
at all times during the term of this Agreement (unless otherwise provided),
the insurance coverages set forth below, in accordance with the terms and
conditions required by this section.
(c) Such policy or policies shall be without any deductible amount and shall be
issued by United States Treasury approved companies authorized to do
business in the state of Florida, and having agents upon whom service of
process may be made in Broward County, Florida. CONTRACTOR shall
specifically protect COUNTY and the Broward County Board of County Com-
missioners by naming COUNTY and the Broward County Board of County
Commissioners as additional insureds.
(d) Comprehensive General Liability Insurance. A Comprehensive General
Liability Insurance Policy with minimum limits of Five Hundred Thousand
Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive
General Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
Premises and/or operations.
Independent contractors.
• 01/0 020 7
a
• Products and/or completed operations for contracts.
Broad Form Contractual Coverage applicable to this specific contract,
including any hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed,with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
Underground coverages.
(e) Business Automobile Liability Insurance. Business Automobile Liability
Insurance with minimum limits of Three Hundred Thousand Dollars
($300,000.00)peroccurrence,combined single limitfor Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Automobile Liability
Policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Owned vehicles.
Hired and non-owned vehicles.
Employers' non-ownership.
(f) Workers' Compensation Insurance. Workers' Compensation insurance to
apply for all employees in compliance with the "Workers' Compensation
Law" of the State of Florida and all applicable federal laws. In addition, the
policy(ies) must include:
Employers' Liability with a limit of One Hundred Thousand Dollars
($100,000.00) each accident.
(g) CONTRACTOR shall furnish to the Broward County Engineering Division
Certificates of Insurance or endorsements evidencing the insurance
coverages specified by this Article prior to beginning performance of work
underthis Agreement. The required Certificates of Insurance shall name the
types of policies provided, refer specifically to this Agreement, and state that
such insurance is as required by this Agreement.
(h) Coverage is not to cease and is to remain in force (subject to cancellation
notice) until all performance required of DEVELOPER is completed. All
CAF#450
policies must b endorsed to provide COUNTY with at least thirty (30) days'
notice of cancellation and/or restriction. If any of the insurance coverages
will expire prior to the completion of the work, copies of renewal policies
shall be furnished at least thirty (30) days' prior to the date of their
expiration.
7. COUNTY agrees that this Agreement satisfies the requirements of the Broward
County Land Development Code,that developers install all required Improvements
prior to issuance of a development order or enter into an agreement to provide for
installation of the required Improvements within a reasonable period of time or
before issuance of building permits or certificates of occupancy, as required by the
County Commission. Upon official acceptance of the Improvements by the
applicable road construction permitting agency, the local government may issue
certificates of occupancy for parcels or portions of the Project according to the
schedule set forth in Exhibit "B."
8. NOTICE. Whenever any of the parties desire to give notice to the other, such
notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party
for whom it is intended at the place last specified;the place forgiving of notice shall
remain such until it is changed by written notice in compliance with the provisions
of this paragraph. For the present, the parties designate the following as the
• respective places for giving notice:
For the COUNTY:
Director of the Broward County Engineering Division
1 North University Drive, Suite 300B
Plantation, FL 33324-2038
01/01/02 9
sxar::sf-.�arr�-ems b
• For the DEVELOPER:
Dania Distribution Centre, LTD
1986 Northeast 149th Street
Miami, FL 33181
9. RELEASE. When all of the obligations attributable to a specific Phase of the
Project, as set forth in Exhibit"B,"or all of the obligations under this Agreement are
fully paid and performed, at the request of the Developer or its successor and upon
payment of any applicable fees, COUNTY shall cause a Partial Release to be
recorded in the Official Records of Broward County, Florida evidencing such
performance. To the extent that the obligations set forth herein are divisible and
attributable to a specific parcel or portion of the Project, COUNTY may grant a
partial release of this agreement for a specific parcel or portion of the Project for
which this road impact obligation has been satisfied.
10. RECORDATION. DEVELOPER agrees that this Agreement shall be recorded in
the Official Records of Broward County, Florida, against the property described in
Exhibit"A"to put subsequent purchasers, grantees, heirs, successors and assigns
of any interest in such property on notice of the obligations set forth herein, which
. shall run with the property until fully performed. However, the amount set forth in
paragraph 4.(b)(1) above shall not constitute a lien on the property unless and until
the provisions of paragraph 4.(b)(5) are activated by the recording of a "Notice of
Lien for Required Offsite Improvements."
10. VENUE: CHOICE OF LAW. Any controversies or legal issues arising out of this
Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State Courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall
be governed by the laws of the State of Florida.
11. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that
there have been no amendments or revisions whatsoever to the form Agreement
without the prior written consent of the County Attorney's Office. Any unapproved
changes shall be deemed a default of this Agreement and of no legal effect.
12. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way
define, describe, extend or limit the scope or intent of this Agreement, nor the intent
of any provisions hereof.
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01/01/02 10 � �"
13. NO WAIVER. No waiver of any provision of this Agreement shall be effective
unless it is in writing, signed by the party against whom it is asserted, and any such
written waiver shall only be applicable to the specific instance to which it relates
and shall not be deemed to be a continuing or future waiver.
14. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement
and are incorporated herein by reference. Typewritten or handwritten provisions
inserted in this Agreement or attached hereto shall control all printed provisions in
conflict therewith.
15. FURTHER ASSURANCES. The parties hereby agree to execute,acknowledge and
deliver and cause to be done, executed, acknowledged and delivered all further
assurances and to perform such acts as shall reasonably be requested of them in
order to carry out this Agreement.
16. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion
of its obligations pursuant to this Agreement to a grantee of the fee title to all or any
portion of the property described in Exhibit "A." DEVELOPER agrees that any
assignment shall contain a provision which clearly states that such assignment is
subject to the obligations of this Agreement.
17. AMENDMENTS. No modification, amendment, or alteration in the terms or
iconditions contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and DEVELOPER.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
r
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature; BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayorand Vice
Mayor authorized to execute same by Board action on the day of
,20_, and ,through its duly authorized
representative to execute same and the CITY, signing by and through its
duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
County Administrator and Ex- Mayor or vice Mayor
Officio Clerk of the Board of
County Commissioners of day of , 20,
Broward County, Florida
Approved as to form by
Office of County Attorney
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By
Assistant County Attorney
day of , 20_
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01 io 1 ro2 12
• DEVELOPER-CORPORATION/PARTNERSHIP
Dania Distrib t' Centre, LTD. , a
Witnesses (if partnership): Florida Lini e artAership
Name of Devel ration/partnership)
ByIj
lint
atur / (Signature
na l4 V 9,S a ak Print n ���Titl ��� L
Address: 1986 N.E. 149th Street
ature Miami, FL 33181
name: t� -
1� day of TO vk r , 20-Q3
ATTEST (if corporation):
(CORPORATE SEAL)
(Secretary Signature)
Print Name of Secretary:
• ACKNOWLEDGMENT: CORPORATION/PARTNERSHIP
STATE OF ;-:c).-- )
) SS
COUNTY OF
The foregoing instrument was acknowledged before me this ,Ljz�',-day of
20Q3 by 4P,'P r- 4�J e/ as
corporation/partnership, on behalf of the corporation/partnership. He or she is:
[►personally known to me, or
( ]produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
My commission expires: Print name:
pY':y•. EDITH ANNE WHITE
;= MY COMMISSION#DO 131252
EXPIRES:October 24,2006
Bonded Thru Notary Public Underwriters
•J yr
CAF#450 13
• 01/01/02
• CITY
(If Property is located within a City)
WITNESSES: CITY of DANIA BEACH
By
�(,- L-16� Mayor-Commissioner
\J day of ZU
A; EST:
By
i anager
City Clerk �
day of , 20C-3
APPROVED AS TO FORM:
• By i
ity A torney)
z {
CAF#450 0-77
� sNA2,cou�r%
01/01/02 14 xz i
EXHIBIT "A"
LAND DESCRIPTION
The Northeast One-Quarter (NE 1/4) of the Southeast One-Quarter (SE 1/4) of
the Southeast One-Quarter (SE 1/4); and the East One-Half (E V2) of the
Northwest One-Quarter (NW 1/4) of the Southeast One-Quarter (SE 1/4) of the
Southeast One-Quarter (SE 1/4) of Section 33, Township 50 South, Range 42
East; said lands situate in Broward County, Florida. Excepting therefrom that
portion thereof conveyed to Central and Southern Florida Flood Control District
by Deed recorded in Official Records Book 1246, at Page 220, of the Public
Records of Broward County, Florida, and less 50.01 feet along the Northern
boundary of the subject real property pursuant to an Order of 'Taking by the
City of Dania, Florida, under Case No. 85000707 in the Circuit Court in and for
Broward County, Florida.
CAF#450
01/01/02 1 5wAkc COUNT?
EXHIBIT "B"
LIST OF IMPROVEMENTS AND SCHEDULE
Road Improvement Completion Date
An eastbound right turn lane on Dania Beach Prior to the Issuance of any Certificate of
Boulevard at Southwest 12`h Avenue with 200 Occupancy.
feet of storage* and 100 feet of transition.
A westbound left turn lane on Dania Beach Prior to the Issuance of any Certificate of
Boulevard at Southwest 12"Avenue with 200 Occupancy.
feet of storage and 100 feet of transition.
Sidewalk along Dania Beach Boulevard Prior to the Issuance of any Certificate of
adjacent to the plat. Occupancy.
Pavement markings and signs Prior to the Issuance of any Certificate of
Occupancy.
CAF#450
01/01/02 MOWO COUMY
16